EB1C, a Permanent Residence Visa
So You Want to be a Multinational Manager?
EB1C is a lesser known--but equally sure--route to lawful permanent residence. As affordability of the EB5 visa decreases in the context of increasingly stringent requirements, foreign investors are looking for viable alternatives. The EB1C visa is such an alternative.
EB1C Visa Business Plans
Our reasonably-priced EB1C visa business plans are highly-detailed and contain the documentation required for a successful petition. It is critical that the submission contain the required information because the burden of proof is on the petitioner to establish that the request is valid.
On this page you will learn who qualifies as a multinational executive or manager, the documentation you will need and how we can help you assemble it. Contact us for more information.
Once you have read through the information on this page about and EB1-C visa and how we can help you get one, we are sure that you will at least want to learn more about it.
Why Consider an EB1C Visa?
- The labor certification process as a lengthy, time-consuming, and tedious process can be avoided should individuals apply for an EB1C visa category.
- The EB1C visa category is current and there are no expected delays in visa issuance.
- The premium processing option which allows the expedited adjudication of EB1C applications is open to individuals applying under the EB1C category. There has been a recent fee increase for premium processing.
- There is no need to demonstrate that no qualified U.S. worker exists for the position.
- The beneficiary’s spouse and unmarried children under 21 are eligible to obtain U.S. permanent residency through the EB1C visa category as well.
- Green card holders can travel in and out of the USA.
- The beneficiary has work authorization to work in any lawful capacity in the USA.
- The beneficiary has access to US schooling for the entire family.
The most significant benefit to this visa is that it is a permanent residence visa.
Burden of Proof
The burden of proof to establish eligibility for an immigration benefit always falls solely on the benefit requestor. The burden of proof never shifts to USCIS.
Once a benefit requestor has met his or her initial burden of proof, he or she has made a prima facie case. This means that the benefit requestor has come forward with the facts and evidence which show that, at a minimum, and without any further inquiry, he or she has proven initial eligibility for the benefit sought, though in certain cases the officer is then required to determine whether approval or denial is appropriate, in his or her discretion.
Standards of Proof
The standard of proof is different than the burden of proof. The standard of proof is the amount of evidence needed to establish eligibility for the benefit sought. The standard of proof applied in most administrative immigration proceedings is the preponderance of the evidence standard. Therefore, even if there is some doubt, if the benefit requestor submits relevant, probative, and credible evidence that leads an officer to believe that the claim is “probably true” or “more likely than not,” then the benefit requestor has satisfied the standard of proof.
If the requestor has not met this standard, it is appropriate for the officer to either request additional evidence or issue a notice of intent to deny, or deny the case.
How Are Our EB1C Visa Business Plans Different?
Our EB1C business plans are differentiated by what we include about the Beneficiary. We devote one entire section to the Beneficiary, to ensuring that the USCIS understands thoroughly who that person is and why they are eligible for the multinational (or executive) manager position.
Our overarching guidance in writing these plans is this: The burden of proof in EB1-C cases rests solely with the petitioner. The petitioner has to provide substantial evidence of the employer and the foreign national’s position and duties. If a beneficiary is qualified, the probability of success depends largely on the way the case is presented. If the evidence is relevant and well presented, and the argument is made persuasively, then the case should be approved routinely. This section in our EB1C business plans includes at minimum:
- An introduction to the Beneficiary
- An overview of the Beneficiary's education, training and certifications. This includes any hands-on experience that has contributed to their qualifications.
- A statement--including payroll or other employment verification--from the foreign company that the Beneficiary has been employed there for at least one year out of the last three years.
- An overview of why the US company was established and why the Beneficiary's qualifications make them eligible for the multinational manager (or executive) position.
- A job offer from the US company that is Beneficiary-specific and clearly states what their position will be in the company.
- A separate, detailed multinational manager job description that also shows how the Beneficiary will be a part of the Company and the anticipated impact they will have on the Company's performance.
- A VIBE (Validation Instrument for Business Enterprises) certification showing the relationship between the foreign company and US one as well as verifying the existence of the US Company. (We do this at no charge)
One of our services is to help to assemble all of this documentation and to assist in its preparation if doing that will improve the presentation.
As do all of our plans, our EB1C plans contain all of the elements required for compliant plans--e.g., summaries of both the foreign and US operations; industry and market analyses (target market); five-year financial forecasts; feasibility assessment, etc. Most plans from other vendors provide the same information.
EB1C Visa Requirements
There are five primary EB1C requirements:
- There must be a qualifying relationship between the foreign company and the US company.
- The visa beneficiary must have worked for the foreign employer for at least one continuous year during the preceding three years prior to filing the EB1-C visa petition.
- The visa beneficiary must have worked for the foreign company in a managerial or executive capacity.
- The visa beneficiary must have a full-time job offer to work for the US company in a managerial or executive capacity.
- The US company must have been doing business for at least one year prior to filing the EB1-C petition.
Who is the EB1C Multinational Executive or Manager?
The EB1C multinational executive or manager is defined under section 203(b)(1)(C) by their role in the organization, as follows:
Executive capacity means an assignment within an organization in which the employee primarily:
- Directs the management of the organization or a major component or function of the organization;
- Establishes the goals and policies of the organization, component, or function;
- Exercises wide latitude in discretionary decision-making; and
- Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
Managerial capacity means an assignment within an organization in which the employee primarily:
- Manages the organization, or a department, subdivision, function, or component of the organization;
- Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
- If another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization), or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
- Exercises direction over the day-to-day operations of the activity or function for which the employee has authority.
Multinational means that the qualifying entity, or its affiliate, or subsidiary, conducts business in two or more countries, one of which is the United States.
Who Is the EB1C Petitioner? The Beneficiary?
Under the USCIS rules, the U.S. employer has to file the petition for the manager or executive transferee. The petition must be accompanied by a statement from the U.S. employer affirming all of the pertinent requirements, including a description of the job duties to be performed by the foreign beneficiary in the United States, the job duties performed by the foreign beneficiary abroad, and the periods of employment by the foreign beneficiary abroad.
Can a foreign company satisfy the one-year doing business requirement in the US by acquiring a US company?
There is no requirement that a qualifying relationship exist between the U.S. and foreign entity for a period of one year prior to the filing of the EB1C petition. The regulations only require that the U.S. entity must have been doing business for at least one year. As a result, a U.S. entity that has been acquired by a foreign corporation may immediately file a first preference petition on behalf of a manager or executive who worked for the foreign entity in a qualifying capacity for the requisite period of time.
Read more here:
§ 204.5 Multinational Executives and Managers, which contains definitions and requirements for this category.
Matter of G- Inc., Adopted Decision 2017-05 (AAO Nov. 8, 2017) PM-602-0148, which clarifies how a beneficiary can establish that they will be employed in a managerial capacity as a “function manager”
Matter of S- P-, Inc., Adopted Decision 2018-01 (AAO Mar. 19, 2018) PM-602-0158, which clarifies the one-year criterion for the beneficiary who worked abroad for a qualifying multinational organization
New Version of Green Card
The custom artwork design incorporates the American flag, Statue of Liberty, and a predominantly green color palette on both sides of the card. The hand-drawn and computer-aided designs on both the front and back enhance the security and integrity of the card.
Optical variable inks will change color with the angle of observation or lighting. Optical variable images on both sides of the card are integrated into the overall artwork design, such as the stripes of the flag. The images vary with the angle of observation of lighting. Each card now has three transparent star-shaped windows of different sizes.